Naff et al v. State Farm General Insurance Company

Filing 21

ORDER AFTER IN CAMERA REVIEW of Records from Bakersfield Memorial Hospital, Kern Medical Center and Mercy Hospital, signed by Magistrate Judge Jennifer L. Thurston on 2/3/2016. Statement to be lodged by 2/12/2016. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HALONDA NAFF, et al,

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Plaintiffs,

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v.
STATE FARM GENERAL INSURANCE
COMPANY,

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Defendant.
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Case No.: 1:15-cv-00515 JLT
ORDER AFTER IN CAMERA REVIEW OF
RECORDS FROM BAKERSFIELD MEMORIAL
HOSPITAL, KERN MEDICAL CENTER AND
MERCY HOSPITAL

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The parties agreed that subpoenaed records related to Plaintiffs’ daughter would be produced

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to the Court for an in camera review. All agreed that in the event the Court finds records that should

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be disclosed, it will issue an order describing the records generally and identifying them by Bates

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number. It will give Plaintiffs a deadline by which they will indicate whether they continue to object

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to the production of the records. If they do, the Court will decide whether a further conference would

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be fruitful or simply authorize defendant to proceed with a motion to compel. In the event the Court

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finds no records should be disclosed, the Court will issue an order broadly outlining its findings and

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indicating that the subpoenas should be quashed.

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The Court has conducted the review of records produced by Bakersfield Memorial Hospital,

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Kern Medical Center and Mercy Hospital. After doing so, it appears Plaintiffs’ daughter suffers from

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an inherited disorder that, on occasion, may require medical intervention. It is likely that these events

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cause the parents emotional distress, though the amount and extent of the distress may not be that
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significant given the long-standing nature of the child’s condition. Nevertheless, the Court finds there

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are some documents that may be relevant due to the timing of the events described therein.

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Specifically, the Court is inclined to require the production of the following documents:

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Bakersfield Memorial Hospital – Bates # 3, 4, 10-13;

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Kern Medical Center Vol. 1 - Bates # 20, 22, 161-164, 182-185, 191, 193-194, 200,

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202, 219, 270, 273;

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Kern Medical Center Vol. 4 - Bates # 1202-1205;

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Kern Medical Center Vol. 1 - Bates # 2-3, 120-121.

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Thus, the Court ORDERS:

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No later than February 12, 2016, counsel for Plaintiff SHALL lodge a statement to

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[e-mail] (with a cc: to opposing counsel) indicating whether Plaintiffs objects to

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disclosure of the documents identified above and, if they do, the grounds therefore.

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IT IS SO ORDERED.
Dated:

February 3, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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